Legal Question in Family Law in Nevada
Temporary Child Custody
My sister in law has two kids. She is leaving for the Army soon. She would love to keep both kids together while she is gone but, the father of her youngest is being difficult. They are not married and he's an illegal immigrant(if that matters). She is concerned if she puts her foot down and insists the kids stay together that he may try to take their daughter away from the grandparents(which is where she wants them both). Can she, being the mother, sign temporary custody of both her kids to her parents while she is in basic training without having to worry?? Thank you for your time.
2 Answers from Attorneys
Re: Temporary Child Custody
Thank you for your inquiry.
In your case, the typical scenario is the mother of the children designates where she would wish the children to stay during her normal times of primary custody. The father would still have the ability to have his normal visitation.
It would be the father's responsibility to file something in Court to change this normal preference.
If you have any additional questions please feel free to contact me at my office.
Regards,
Jim Herbe
Re: Temporary Child Custody
Your sister-in-law can only give partial temporary custody to her parents. Unmarried fathers have the same custodial right to children as married fathers. Under the parental preference rule the father's custody rights are superior to your sister-in-laws in a custody dispute..
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